Do Disabled Parents in Florida Have a Right to Timesharing?

Do Disabled Parents in Florida Have a Right to Timesharing?

Posted By
Dean Kantaras

When Gov. Rick Scott vetoed a bill that would have amended Florida alimony
and timesharing laws, hisstated objection was that the new law would have put “the wants of a parent before
the child’s best interest.” State laws throughout the nation
hold that the preeminent consideration in a timesharing order must be
the best interests of the child. For disabled parents, proving that an
order giving them parental responsibility is in the child’s best
interest can be extremely challenging.

However, “best interest of the child” is a conclusion the court
draws only after examining numerous factors. So, a parent’s disability
is not an automatic bar to custody. The court must look at the nature
and extent of the disability, the degree to which the parent manages the
disability, and the impact of the disability on the child’s health
and welfare. Questions the court might ask include:

Does the parent’s disability present any foreseeable risks to the child?

To what degree is the parent capable of self-care and living independently?

To what degree is the parent capable of gainful employment?

Does the disability limit the parent’s energy?

Does the disability adversely affect the parent’s mood, clarity of
thought, or patience with the child?

To what extent would the child have to take on caregiving responsibility
for the parent?

To what extent would the child have to take on household responsibilities
for the parent?

Is the child physically capable and emotionally mature enough to assume
these added responsibilities?

Would added responsibility interfere with the child’s education and
normal social development?

A court should not deny shared parental responsibility to a disabled parent
simply because the other parent is more physically capable. If the disabled
parent can manage custodial responsibilities, it may very well be in the
child’s best interest to live part-time with that parent for the
sake of intangible benefits, such as affection, guidance, emotional comfort.